Prosecution wants expert to examine Gary Cernak of Easthampton, charged with setting his mother on fire

NORTHAMPTON – A judge will decide whether or not to allow the prosecution to examine Gary B. Cernak, of Easthampton, to determine if he is responsible to stand trial for the attempted murder of his mother.

Cernak, 57, poured lighter fluid over Dorothy Cernak and set her on fire in their 222 Park St. home in May 2010, according to police. Officers arrived at the scene to find Cernak eating salsa outside the house. When they asked him what happened, Cernak said, “I just killed my mother,” police said.

The officers found Dorothy Cernak, 83, in a living room chair, calling for help. She suffered burns to her face, head and upper body, including the loss of her hair, according to police. Cernak told the officers her son was angry at her for calling the doctor the previous day. Police also visited the house at Dorothy Cernak’s request on the day before the incident. At the time, Gary Cernak told them he was fine and wanted to be left alone. Dorothy Cernak assured officers that day that she was not afraid of her son.

Cernak has pleaded not guilty to attempted murder, arson of a dwelling, assault and battery on a person over 60 and mayhem.

Northwestern Assistant District Attorney Matthew D. Thomas asked Hampshire Superior Court Judge Bertha D. Josephson on Thursday to allow a prosecution expert to examine Cernak for criminal responsibility. The defendant, who has been diagnosed with paranoid schizophrenia, is being held at Bridgewater State Hospital.

Defense lawyer Thomas E. Robinson opposed the request, saying his own expert has not yet examined Cernak and that any admission of guilt the defendant might make to the prosecution expert could violate his Constitutional right not to incriminate himself. It’s possible, Robinson said, that the defense expert will testify about Cernak’s mental state without citing specifics about the case.

Thomas told the judge it doesn’t matter whether or not the defense expert testifies about elements of the case. As long as Cernak presents an insanity defense, the prosecution has the right to make its own separate determination, Thomas said.

Josephson said she would render an opinion by early next month. The case is scheduled to go to trial in January.